NCJ Number
115063
Journal
University of Florida Law Review Volume: 40 Issue: 3 Dated: (Summer 1988) Pages: 479-539
Date Published
1988
Length
61 pages
Annotation
The Victim and Witness Protection Act of 1982 contains restitution provisions that require convicted criminals to compensate their victims to the greatest extent possible for injury or loss resulting from the offense.
Abstract
Congress recognized that convicted criminals are often sued in subsequent civil proceedings for damages arising from the offense. To obviate the necessity of requiring the victim to establish the criminal's liability, Congress enacted 18 United States Code Section 3580(e), which states that a conviction of a defendant giving rise to restitution shall estop the defendant from denying the essential allegations of that offense in subsequent Federal or State civil proceedings to the extent consistent with State law. In 1984, Florida enacted Statutes Section 775.089(8) with provisions almost identical to the Federal law. This article discusses the legislative history of each statute, with a focus on how provisions give collateral estoppel effect to the use of criminal convictions in civil proceedings. The application and procedural use of the statutes are discussed, and the law relating to the intentional-act exclusion clause contained in most insurance policies is reviewed. Finally, pertinent provisions of Florida's Civil Remedies for Criminal Practices Act are briefly outlined with reference to its limited collateral estoppel provisions. 355 footnotes.